Legal Opinion

Stanton v. McMullen

Appellate Court of Illinois

Decided December 4, 1880PublishedCited by 2 opinions

Error to the Circuit Court of Jo Daviess county; the Hon. Joils' Y. Eustace, Judge, presiding.

1Opinion of the CourtPillsbury, J.

The execution was the process of the plaintiff, and he having given a bond of indemnity to the officer for seizing property thereon, he is not in a position to urge that it directed the collection of a greater rate of interest than that allowed by statute.

Upon the point made by defendant in error that the sale was adjourned for five days only, and was therefore illegal, it is sufficient to say that the record shows that the defendant in error was present at the time of the postponement of the sale and made no objection to the time, and was likewise at the sale, bid upon the property, and…

2Cases cited3 opinions

  1. Hunt v. LoucksCalifornia Supreme Court · 1869
  2. Nelson v. CookIllinois Supreme Court · 1856
  3. Hollister v. GiddingsMichigan Supreme Court · 1872

3Cited by2 opinions

  1. Smith ex rel. McElhaney v. RogersMissouri Court of Appeals · 1903
  2. Grimes v. TaylorAppellate Court of Illinois · 1901

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